Sarah FackrellMotion to dissolve a #ScheduleA preliminary injunction:
"The Complaint does not inform any defendants of which allegations of infringement pertain to them and how they are alleged to have committed this alleged infringement."
www.scribd.com/document/867... #Twiqbal #CivProMatters
I maintain that all complaints involving allegations of design patent infringement must include pictures to satisfy #Twiqbal (nope, the Federal Circuit hasn't weighed in yet).
Sarah FackrellIt's #Twiqbal day in Civ Pro! 🥳
Wonderful Company v. Nut Cravings - Court grants motion to dismiss product-packaging trade dress infringement claims, concluding that the plaintiff has failed to plead a plausible claim of infringement (and failed to sufficiently allege nonfunctionality vis-à-vis the unregistered trade dress claim):
https://storage.courtlistener.com/recap/gov.uscourts.nysd.559589/gov.uscourts.nysd.559589.38.0.pdf
Memorandum & Opinion – #38 in The Wonderful Company LLC v. Nut Cravings Inc. (S.D.N.Y., 1:21-cv-03960-MKV) – CourtListener.com
OPINION AND ORDER GRANTING MOTION TO DISMISS SECOND AMENDED COMPLAINT WITH PREJUDICE re: 34 MOTION to Dismiss Plaintiffs' Second Amended Complaint. filed by Nut Cravings Inc.. For the foregoing reasons, Defendant's Motion to Dismiss is GRANTED with prejudice. The Clerk of the Court is respectfully requested to terminate docket entry 34. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/26/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
@cfrye And when I say a plausible claim for infringement: Binding case law requires, that to state a viable claim in federal court, a complaint must "enough factual matter (taken as true) to suggest that" design patent infringement has taken place. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007).
I don't think a verbal allegation is enough to meet this standard.
It's a visual test; the patent owner should include pictures.
Carani now alluding to #Twiqbal.
For anyone here who doesn't know, Form 18 was abolished. See, e.g., https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2017-18/september-october/form-18-i-just-dont-know-what-i-want/
You're supposed to include more than just conclusory allegations of infringement now.